Duke  Uniwrsitt  Libraries 


D03212450H 


^:S^ 


[House  of  Representatives,  No.  10.] 


HOUSE  OF    RErRESENTATIVES,  Sept.  13,  1862.     Read  first 
and  second  times,  placed  on  Calendar  and  ordered  to  be  printed. 


[By  Mr.  RussellJ 


JOII^T     riESOLXJTIO:N^S 

Relating  to  Martial  Law. 

1  I.  Resolved  by  the  Senate  ami  House  of  Represenlatwrs, 

2  That  martial  law,  in  the  sense  of  an  arbitrary  supension  of 

3  all  the  laws  and  civil  jurisdictions,  cannot  exist  within  the 

4  Confederate  States. 

1  II.  Martial  law  in  any  sense,  if  it  can  exist  within  the 

2  Confederate  States,  can  exist  only  by  virtue  of  legislative 

3  authority. 

1  III.  Military  law  (for  the  government  of  the  forces)  is 

2  distinct  from  martial  law  and  it  is  enacted  by  Congress 

3  in  pursuance  of  the  Constitution. 

1  IV.  Without  martial  law  military  commanders  may 

2  sometimes  exert  extraordinary  powers  at  and  near  the 


2 

3  places  occupied  by  their  troops,  and  may  be  justified  by 

4  the  nature  and  necessities  of  the  service  and,  therefore, 

5  by  the  laws  authorizing  the  employment  of  the  forces  ; 

6  but  they  assume  the  hazard  of  responsibility  according 

7  to  known  principles  of  l:.w 

1  V.  For  the  security  of  liberty  and  the  certainty  of 

2  law,  powers  which  are  necessary  to  be»  conferred  on  the 

3  President  or  on  military  commanders,  in  lieu  of  the  power 

4  to   declare  martial  law  within  the  Confederate   States, 

5  ought  to  be  conferred  by  distinct  enactments. 


^c 


9^  CI, 


[House  of  Representatives,  No.  5.] 
HOUSE,  Sept.  13,  1862.— Ordered  to  be  printed. 

RESOLUTIONS  BY  MR.  DARGAN. 

1  Resolved,   That  martial  law,  as  it  was  understood  in 

2  England  centuries  ago,  cannot  exist  under  our  form  of 

3  govcrument ;  yet,  to  a  limited  extent,  when  our  countr}' 

4  is  invaded,  and  the  safety  of  our  Army,  as  well  a.s  the 

5  protection  of  our  people  demand  it,  mai-tial  law  maj'  ex- 

0  ist. 

1  II.  Martial  law,   under  our  government,  suspends  no 

2  provision  of  the  Constitution,  nor  any  act  of  Congress  ; 

3  nor  does  it  even   suspend  the  civil  law  during  its  reign, 

4  as  between  citizen   and  citizen  ;  yet,  with  these  restric- 

5  tions  it  has  a  field  of  operation,   and  may  be  called  into 
G  existence  when  necessity  demands  it. 

1  III.  Tn  tliis  limited  sense  martial  law  is  distinguisha- 

2  ble  from  tlie  military  law  of  the  country,  which  governs 

3  the  army  alike  in  peace  and  in  war.  and  it  consists  in 


^4  subjectHig  the  people  of  a  particular  town  or  district  to 

5  the  orders  and  control  of  the  commanding  officer. 

1  IV.  It  can  only  be  declared  in  time  of  war,  and  only 

2  then,  when  there  is   a  necessity  for  it,  for  the  pi'eserva- 

3  tion  of  our  armies,  and  for  the  defence  of  the  particular 

4  towi\oa'  district  over  whic^t  is  declared.     The  orders 

5  and  regulations  coming  from  the  officer  in  command,  to 

6  the  citizens  of  such  town  or  district,  under  such  circum- 

7  stances,  is  martial  law,  for  no  other  name  can  be  given 

8  to  them. 

1  V.  The  power  or  authority  to  subject  the  citizen  to 

2  the  orders  and  control  of  the  military  commander,  must 

3  be  an  incident  to  the  duty  of  preserving  the  army,  and 

4  the  defence  of  the  place,  and  as  this  duty  is  confided  by 

5  the  Constitution  in  the  President,  he  alone  can  declare 

6  martial  law. 

1  VI.  Martial  law  operates  on  the  person  of  the  citizen, 

2  but  does  not  affect  his  title  or  rights  of  property.     It 

3  may,   however,   control  the  use  of  particular  articles,  or 

4  the  disposition  of  them,   when  the  uncontrolled  use  or 

5  right  of  disposition  would  be  injurious  to  the  army,  or 

6  render  the  defence  of  the  town  or  district  less  secure. 


1  VII.  The  suspension  of  the  writ  of  habeas  corpus  by 

2  Congress  is  not  martial  hxw,  nor  has  the  Constitution  in- 

3  vested  Congress   with  tlio  power  of  declaring  martial 

4  Itiw.     Congress  may,  however,  control  and  limit  martial 

5  law  as  it  may  see  fit,  as  it  may  any  other  power  inciden- 

6  tal  to  the  command  of  our  armies. 

1  VIII.  When  martial  law  is  declared  by  the  President, 

2  the  limits  of  its  territorial  extent  should  be  clearly  de- 

3  fined  by  him,   and  cannot  legally  e.xist  longer  than  the 

4  necessity,  which  required  its  existence,  continues. 


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